Topic 1 - How are statutes interpreted? Flashcards

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1
Q

Judges can interpret legislation but cannot…

A

Fill in gaps (They cannot create or add to the law as this is the responsibility of Parliament)

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2
Q

What are the two tools Judges can use to interpret legislation?

A
  • Intrinsic aids
  • External aids
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3
Q

What are intrinsic aids?

A

Resources found within the legislation itself

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4
Q

What is an example of an intrinsic aid?

A

The Consumer Rights Act 2015 included definitions like ‘consumer’ and ‘trader’ that the judge could refer to for clarity on how to interpret the law

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5
Q

What are external aids?

A

Resources outside the legislation that can provide context or insight into the law’s meaning

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6
Q

What is an example of an external aid?

A

Interpretation Act 1978 - This act provides guidelines on how to interpret various legal terms used in legislation

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